82R4374 JSC-D

By: Huberty, Eissler, Driver, Creighton, H.B. No. 698

Geren, et al.

A BILL TO BE ENTITLED

AN ACT

relating to the carrying of concealed handguns by certain persons

attending a school board meeting.

BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF TEXAS:

SECTION 1. Section 46.03, Penal Code, is amended by adding

Subsection (j) to read as follows:

(j) It is a defense to prosecution under Subsection (a)(1)

that at the time of the commission of the offense the actor was:

(1) carrying a concealed handgun that the person was

licensed to carry under Subchapter H, Chapter 411, Government Code;

and

(2) attending a school board meeting in an official

capacity as:

(A) a member of the school board; or

(B) the superintendent of the school governed by

the school board.

SECTION 2. Section 46.035, Penal Code, is amended by adding

Subsection (l) to read as follows:

(l) It is a defense to prosecution under Subsection (c) that

at the time of the commission of the offense the actor was attending

a school board meeting in an official capacity as:

(1) a member of the school board; or

(2) the superintendent of the school governed by the

school board.

SECTION 3. The change in law made by this Act applies only

to an offense committed on or after the effective date of this Act.

An offense committed before the effective date of this Act is

covered by the law in effect when the offense was committed, and the

former law is continued in effect for that purpose. For purposes of

this section, an offense was committed before the effective date of

this Act if any element of the offense occurred before that date.

SECTION 4. This Act takes effect September 1, 2011.